“Brief, casual and innocent” absences from the United States do not interrupt continuous residence for purposes of DACA eligibility. This practice advisory discusses the “brief, casual and innocent” standard under existing case law. Though such case law may inform USCIS’s review of absences from the United States, DACA adjudicators are not bound by these decisions. Courts have often adopted generous interpretations of the “brief, casual and innocent” standard, and it is hoped that USCIS will do the same in the DACA context.

The second practice advisory – which applies beyond the DACA context – discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship. With respect to each situation, the practice advisory explores whether an “admission” has occurred, the individual’s immigration status upon entry, and the immigration consequences of the action. It also discusses the impact of these three types of entries on a DACA application.